Plaintiff Duane A. Hines (“Hines” or “Plaintiff”) filed a class action lawsuit against the consumer reporting agency
Equifax Information Services LLC (“Equifax” or “Defendant”) to redress how it handles consumer disputes of hard
inquiry information in their credit reports. Defendant’s records indicate that you are a member of the “New York Subclass”
or the “Capital One Subclass” or both Subclasses, which are defined as follows:
New York Subclass
During the period beginning November 27, 2017 and ending September 10, 2024, all consumers with an address in the
State of New York to whom Equifax sent a document containing Cons Comm 664
(i.e., a letter that includes the language, “inquiries are a factual record of file access”) in response to a
mailed dispute of one or more hard inquiries, which Equifax coded as “not mine” (001) or “unauthorized” (383).
Capital One Subclass
During the period beginning November 27, 2017 and ending September 10, 2024, all consumers with an address in
the U.S. and its Territories (1) to whom Equifax sent a document containing Cons Comm 664 (i.e., a letter that
includes the language, “inquiries are a factual record of file access”) in response to a mailed dispute of one or
more hard inquiries, which (2) corresponds to the consumer’s dispute of a hard inquiry associated with Capital One
that Equifax coded as “not mine” (001) or “unauthorized” (383).
No money or benefit has been awarded to date and there is no guarantee that any will be available in the future. If money or benefits
are awarded or obtained from Equifax in the future, you will be notified separately. You have a choice to make now,
and your options are explained in this notice.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT |
OPTION 1:
DO NOTHING
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Stay in this lawsuit. Await the outcome. Give up certain rights.
By doing nothing, you keep the possibility of getting money or benefits that may come from a trial on damages or a
settlement. But, you give up any rights to sue Equifax individually and to seek damages for the same legal claims
that are in this lawsuit. Similarly, if you do nothing and Equifax wins a trial on damages, you will
lose your claims covered by this lawsuit.
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OPTION 2:
ASK TO BE EXCLUDED
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Remove yourself from this class action. Get no money or benefits. Keep certain rights.
If you ask to be excluded and money or benefits are awarded later, you will not share in that recovery. However, you
keep any rights you may have to sue Equifax separately about the same legal claims that are brought in this lawsuit.
To ask to be excluded, you must act by September 5, 2025.
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